Legalitas Penggalangan Dana Sosial (Fundraising) oleh Individu Tanpa Izin melalui Media Sosial

Abstract

Social fundraising in Indonesia is experiencing rapid development along with the advancement of digital technology and social media. The phenomenon of fundraising by individuals without permit through social media is increasingly rampant, but it causes various legal problems related to transparency, accountability, and potential misuse of funds. Applicable regulations, such as Law Number 9 of 1961 concerning the Collection of Money or Goods and the Regulation of the Minister of Social Affairs Number 8 of 2024, expressly stipulates that only legal entities (associations/fundations) can obtain fundraising permits, while the position of individuals is still not explicitly regulated. This research uses a normative legal method with a statutory approach and a conceptual approach. Data is obtained from literature studies, interviews with related agencies, as well as analysis of primary, secondary, and tertiary legal materials in which the entire data is analyzed qualitatively descriptively. Research results show that social fundraising without permit by individuals through social media has no clear legal basis and has the potential to cause violations, such as embezzlement, fraud, and money laundering. Current regulations only allow legal entities to apply for fundraising permits, while individuals are prohibited from raising funds independently, except under certain conditions that are excluded by regulations such as spontaneous fundraising in a limited environment. Legal issues that arise include lack of transparency, potential misuse of funds, and weak supervision. Viral cases on social media show that fundraising without permit often causes conflict and loss for donors and recipients